The E2 Visa is one of the most attractive options for investors looking to establish a business in the United States. However, once you have obtained this visa, questions may arise about the flexibility you have to change businesses. In this article, we will thoroughly examine whether you can change businesses after obtaining the E2 Visa and what considerations you should keep in mind.

What is the E2 Visa?

The E2 Visa is a non-immigrant visa that allows citizens of countries that have a trade treaty with the United States to invest in a business in the country. This visa is based on the idea that the investor must develop and direct the business in which they have made a substantial investment.

Flexibility in Business Choice

One of the main advantages of the E2 Visa is its flexibility. Once you obtain the visa, you can change businesses, but there are certain conditions you must consider:

  1. Maintenance of Investment: If you decide to change businesses, you must ensure that the new company also meets the E2 Visa requirements. This includes making a substantial investment and that the business is operating legally.

     

  2. Continuity of Business Activity: The new business must continue to be an income-generating enterprise that is operational. Changing businesses does not mean you can abandon your previous investment without repercussions. You must demonstrate that you are actively involved in the new company.

     

  3. Visa Requirements: Although you can change businesses, if the new business is significantly different or does not align with the initial conditions of the visa, it may be necessary to submit a new application or modify your current visa. It is crucial that your new investment stays within the parameters allowed by the E2 Visa.

Steps to Follow if You Wish to Change Businesses

If you are considering changing businesses after obtaining the E2 Visa, here are some steps you should follow:

  1. Evaluate the New Business: Ensure that the new business meets the E2 Visa requirements. This includes the minimum investment, the potential to generate jobs for U.S. citizens, and economic viability.

     

  2. Consult an Immigration Attorney: It is advisable to speak with an immigration attorney specializing in investment visas. They can guide you through the process and help you understand the legal implications of your change.

     

  3. Necessary Documentation: Gather all necessary documentation to support your new business, including a business plan, proof of investment, and any other documentation demonstrating that you meet the E2 Visa requirements.

     

  4. Update Visa Status: If necessary, submit a modification application or a new visa application to reflect the business change. Be sure to follow all procedures established by the U.S. Citizenship and Immigration Services (USCIS).

Common Examples of Business Changes

  • Changing from a franchise to an independent business: Many investors start with a franchise and later wish to switch to an independent business that offers more control and flexibility.
  • Transitioning from one sector to another: An investor may start in the food sector and later want to diversify into technology or services.

Conclusion

Changing businesses after obtaining the E2 Visa is possible, but it requires attention to detail and compliance with the requirements established by USCIS. Maintaining investment, business activity, and the viability of the new business are crucial aspects to consider.

Contact Us for Legal Advice!

If you are thinking about changing businesses or need more information about the E2 Visa, contact us today. We are here to guide you through the process and ensure that you meet all legal requirements. You can call us or send us a WhatsApp message at +1 (305) 921-0976 or email us at [email protected]. Your success is our priority!

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